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Government Gazette 1267 Government Gazette OF THE STATE OF NEW SOUTH WALES Number 58 Friday,New 19 South March Wales 2004 Published under authority by the Government Printing Service OccupationalLEGISLATION Health and Safety Amendment (AccreditationRegulations and Certification) RegulationNew South Wales 2004 New South Wales Occupationalunder the Health and Safety New South Wales OccupationalAmendment Health and(Accreditation Health SafetyNew South Act Walesand 2000 Safety and AmendmentCertification) (Accreditation Regulation 2004 and Occupational Health and Safety AmendmentunderCertification) the (Accreditation Regulation 2004 and AmendmentHer Excellency the Governor, (Accreditation with the advice of the Executiveand Council, has Certification)Occupationalundermade the following Health Regulation and Regulation Safety under Actthe 2000Occupational 2004 Health and Safety Certification)Act 2000. Regulation 2004 underOccupational the Health and Safety Act 2000 under the Occupational Health and Safety Act 2000 OccupationalHer Excellency theHealth Governor, and Safetywith the Act advice 2000 of the Executive Council, has madeMinister the for following Commerce Regulation under the Occupational Health and Safety ActHer 2000Excellency. the Governor, with the advice of the Executive Council, has madeExplanatory the following note Regulation under the Occupational Health and Safety TheHerAct 2000Excellencyobject. of this the Regulation Governor, is with to amendthe advice the Occupationalof the Executive Health Council, and Safety has madeRegulationHer Excellency the 2001following so the as: Governor,Regulation with under the theadvice Occupational of the Executive Health Council, and Safety has JOHN(a)Actmade 2000 totheDELLA make. following provision BOSCA, Regulation with M.L.C., respect under to OHS the induction Occupational training Healthand, in particular,and Safety to MinisterMinisterAct 2000enable for. CommerceWorkCover to issue OHS induction training certificates and require persons carrying out construction work to be in possession of such a certificate, ExplanatoryMinisterand for Commerce note (b) to limit to 5 years the (currently unlimited) duration of a certificate of competency ExplanatoryThe object of thisnote Regulation is to amend the Occupational Health and Safety MinisterRegulationissued for 2001 underCommerce so Partas: 9.1 or 9.2 of that Regulation, and (a)(c)TheMinister object to increase makefor of Commerce provisionthis the Regulationpenalties with thatrespect is may to to beamend OHS imposed inductionthe withOccupational respecttraining to and, falseHealth in assessments particular, and Safety ofto ExplanatoryRegulationenablea person’s 2001 WorkCover notesocompetency as: to toissue carry OHS out certaininduction work, training and certificates and require Explanatory note The(d)(a) objectpersons to makeomit of carryingprovisionsprovisionthis Regulation out with that construction respectassign is to tospecificamend workOHS to inductionthe“short be inOccupational possessiondescriptions” training and,ofHealth suchto in offences particular, a andcertificate, Safety with to RegulationThe objectrespectenableand 2001of toWorkCover this occupationalso as:Regulation to healthissue is toOHSand amend safety. induction the Occupational training certificates Health andand requireSafety (b)Regulationpersons to limit 2001 to carrying 5so years as: outthe (currentlyconstruction unlimited) work to durationbe in possession of a certificate of such of acompetency certificate, This(a) Regulationand to make provision is made under with respectthe Occupational to OHS induction Health and training Safety and, Act in2000 particular,, including to section(a)enableissued to 33 make (the underWorkCover generalprovision Part power 9.1 with to or to issue9.2respect make of OHSthat regulations)to OHSRegulation, induction induction and trainingand sections training certificates 35 and, and in39. particular,and require to (c)(b)persons toenable limitincrease to WorkCovercarrying 5 the years penalties outthe to(currentlyconstruction issuethat may OHS unlimited) be work imposedinduction to durationbe within training possession respect of a certificatecertificates to offalse such assessmentsof acompetencyand certificate, require of andapersonsissued person’s under carrying competency Part out9.1 constructionor to 9.2 carry of that out work Regulation,certain to bework, in and possession and of such a certificate, (b)(d)(c) toand limitincreaseomit to provisions 5 the years penalties the that (currently thatassign may unlimited) specific be imposed “short duration with descriptions” respect of a certificate to false to assessmentsofoffences competency with of (b)issuedrespecta to person’s limit under to 5 occupationalcompetency years Part the9.1 (currentlyor tohealth 9.2 carry of andthat unlimited)out safety. Regulation,certain duration work, and and of a certificate of competency (c)(d) toissued increaseomit under provisions the Part penalties 9.1 that or that9.2assign ofmay that specific be Regulation, imposed “short with and descriptions” respect to false to assessmentsoffences with of This Regulationrespect to isoccupational made under health the Occupational and safety. Health and Safety Act 2000, including section(c)a to 33 person’s increase (the general competencythe penalties power to that makecarry may outregulations) be certain imposed work, and with sectionsand respect 35to falseand 39. assessments of This Regulationa person’s is competency made under to the carry Occupational out certain Health work, and Safety Act 2000, including s03-778-03.p01(d) to omit provisions that assign specific “short descriptions” to offences with section(d)respect to 33 omit (the to generalprovisions occupational power that tohealth assign make and regulations)specific safety. “short and descriptions”sections 35 and to 39. offencesPage with 1 respect to occupational health and safety. This Regulation is made under the Occupational Health and Safety Act 2000, including sectionThis Regulation 33 (the general is made power under to the make Occupational regulations) Health and sections and Safety 35 Actand 200039. , including section 33 (the general power to make regulations) and sections 35 and 39. C:\Docs\ad\s03-778-03\p01\s03-778-03-p01EXN.fms03-778-03.p01 19/2/04, 09:52 am Page 1 s03-778-03.p01 Page 1 s03-778-03.p01 Page 1 s03-778-03.p01 Page 1 C:\Docs\ad\s03-778-03\p01\s03-778-03-p01EXN.fm 19/2/04, 09:52 am C:\Docs\ad\s03-778-03\p01\s03-778-03-p01EXN.fm 19/2/04, 09:52 am C:\Docs\ad\s03-778-03\p01\s03-778-03-p01EXN.fm 19/2/04, 09:52 am C:\Docs\ad\s03-778-03\p01\s03-778-03-p01EXN.fm 19/2/04, 09:52 am 1268 LEGISLATION 19 March 2004 19 March 2004 LEGISLATION 1269 Occupational Health and Safety Amendment (Accreditation and Clause 1 Certification) Regulation 2004 Occupational Health and Safety Amendment (Accreditation and Certification) Regulation 2004 under the Occupational Health and Safety Act 2000 1 Name of Regulation This Regulation is the Occupational Health and Safety Amendment (Accreditation and Certification) Regulation 2004. 2 Commencement This Regulation commences on 29 March 2004. 3 Amendment of Occupational Health and Safety Regulation 2001 The Occupational Health and Safety Regulation 2001 is amended as set out in Schedule 1. Page 2 NEW SOUTH WALES GOVERNMENT GAZETTE No. 58 NEW SOUTH WALES GOVERNMENT GAZETTE No. 58 C:\Docs\ad\s03-778-03\p01\s03-778-03-p01BOD.fm 17/2/04, 09:41 am 1268 LEGISLATION 19 March 2004 19 March 2004 LEGISLATION 1269 Occupational Health and Safety Amendment (Accreditation and Certification) Regulation 2004 Amendments Schedule 1 Schedule 1 Amendments (Clause 3) [1] Clause 212 Definitions Insert in alphabetical order: OHS induction training certificate means a certificate under clause 220A that has been issued to a person whom WorkCover is satisfied has completed the general health and safety induction training referred to in clause 217. [2] Clause 213 Principal contractors to ensure that OHS induction training undertaken Insert after clause 213 (1): (1A) The only evidence on the basis of which a principal contractor may be satisfied that a person has completed the general health and safety induction training referred to in clause 217 is production by the person of a current OHS induction training certificate. (1B) Subclause (1A) does not apply until 29 March 2006 in relation to a person who has undergone the general health and safety induction training prior to 29 March 2004. [3] Clause 214 Employers to ensure OHS induction training undertaken Omit “is” from clause 214 (1). Insert instead “has been”. [4] Clause 214 (1A) and (1B) Insert after clause 214 (1): (1A) The only evidence on the basis of which an employer may be satisfied that an employee has completed the general health and safety induction training referred to in clause 217 is production by the employee of a current OHS induction training certificate. (1B) Subclause (1A) does not apply until 29 March 2006 in relation to an employee who has undergone the general health and safety induction training prior to 29 March 2004. Page 3 NEW SOUTH WALES GOVERNMENT GAZETTE No. 58 NEW SOUTH WALES GOVERNMENT GAZETTE No. 58 C:\Docs\ad\s03-778-03\p01\s03-778-03-p01SCH.fm 18/2/04, 05:59 pm 1270 LEGISLATION 19 March 2004 19 March 2004 LEGISLATION 1271 Occupational Health and Safety Amendment (Accreditation and Certification) Regulation 2004 Amendments Schedule 1 [5] Clause 215A Insert after clause 215: 215A Holder of OHS induction training certificate to produce certificate (1) An inspector
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